Section 149 CrPC: Police to Prevent Cognizable Offences - Section 168 BNSS
Section 149 of the Code of Criminal Procedure, 1973 established a police officer's power and duty to prevent cognizable offences. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 168.
What is Section 149 CrPC?
A cognizable offence is an offence for which a police officer may arrest without warrant in accordance with the applicable statutory definition and schedule. Section 149 CrPC is preventive: it allows police officers to intervene before a cognizable offence is committed and imposes a duty to make reasonable efforts to prevent its commission.
The expression interpose means to intervene or step in to stop the anticipated commission of an offence. The words to the best of his ability describe the statutory duty; they do not grant unlimited authority to use force, detain a person, or disregard other legal safeguards.
Original text of Section 149 CrPC
Police to prevent cognizable offences
Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.
This is the text of Section 149 of the Code of Criminal Procedure, 1973, retained for historical and legal reference.
Section 168 BNSS: Current corresponding provision
Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Police to prevent cognizable offences, carries forward the preventive duty of police officers. Its operative language is materially the same as the former Section 149 CrPC.
Accordingly, a police officer may intervene to prevent a cognizable offence and must, to the best of the officer's ability, prevent its commission. This provision should be read together with the BNSS provisions governing receipt of information, preventive arrest and lawful police action.
Scope of police powers and legal limitations
Preventive intervention
Police may take lawful preventive steps when circumstances indicate that a cognizable offence may occur. Depending on the facts and other applicable laws, this may include responding to credible information, separating persons involved in an imminent confrontation, warning against unlawful conduct, or seeking assistance from competent authorities.
Not a blanket power of arrest
Section 149 CrPC, or Section 168 BNSS, does not by itself create an unrestricted arrest power. The conditions for preventive arrest are separately addressed under Section 170 BNSS (corresponding to former Section 151 CrPC). Any arrest, detention or use of force must comply with the applicable statute and constitutional safeguards.
Preventive action and investigation are different
Preventing an anticipated offence is distinct from investigating an offence that has already occurred. Where information discloses a cognizable offence, the separate provisions governing recording information and investigation may become relevant.
Frequently asked questions
What is Section 149 CrPC?
Section 149 of the Code of Criminal Procedure, 1973 empowered every police officer to intervene to prevent a cognizable offence and required the officer to prevent it to the best of their ability.
What is the corresponding provision under BNSS?
Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains the corresponding power and duty to prevent cognizable offences.
Can police arrest someone solely under Section 149 CrPC?
Section 149 itself concerns preventive intervention, not an independent general power of arrest. Preventive arrest is governed by separate statutory conditions, including Section 170 BNSS, corresponding to former Section 151 CrPC.
Official legal sources
For authoritative statutory text and commencement details, refer to the India Code official legislation database, and search for the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) and the Code of Criminal Procedure, 1973 (Act 2 of 1974). The Ministry of Home Affairs also publishes criminal-law implementation materials and notifications.
Legal information is provided for general reference. For a specific incident, consult the current statutory text, applicable state provisions and qualified legal counsel.